Airworthiness Directives; Boeing Model 747-100B SUD, -200B, -200C, -200F, and -300 Series Airplanes, 10485-10488 [05-4246]

Download as PDF 10485 Rules and Regulations Federal Register Vol. 70, No. 42 Friday, March 4, 2005 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration PART 39—[CORRECTED] § 39.13 [Corrected] On page 62574, in the first column, in paragraph (h)(1), in the second line, ‘‘more cycles per flight leg,’’ is corrected to read ‘‘more hours per flight leg,’’ I Issued in Burlington, MA, on February 24, 2005. Jay J. Pardee, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 05–4072 Filed 3–3–05; 8:45 am] BILLING CODE 4910–13–U 14 CFR Part 39 DEPARTMENT OF TRANSPORTATION [Docket No. 2003–NE–43–AD; Amendment 39–13835; AD 2004–22–07] Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 [Docket No. FAA–2005–20431; Directorate Identifier 2005–NM–040–AD; Amendment 39–13995; AD 2005–04–51] Airworthiness Directives; General Electric Company (GE) CF6–80C2 Turbofan Engines; Correction RIN 2120–AA64 Airworthiness Directives; Boeing Model 747–100B SUD, –200B, –200C, –200F, and –300 Series Airplanes Federal Aviation Administration, DOT. AGENCY: ACTION: Final rule; correction. EFFECTIVE DATE: Effective March 4, 2005. FOR FURTHER INFORMATION CONTACT: Eugene Triozzi, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA; telephone (781) 238–7148; fax (781) 238–7199. A final rule AD, FR Doc. 04–23929 that applies to GE CF6–80C2 turbofan engines with certain P/N HPT S2 NGVs installed, was published in the Federal Register on October 27, 2004 (69 FR 62571). The following correction is needed: SUPPLEMENTARY INFORMATION: VerDate jul<14>2003 13:34 Mar 03, 2005 Jkt 205001 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: This document makes a correction to Airworthiness Directive (AD) 2004–22–07. That AD applies to GE CF6–80C2 turbofan engines with certain part number (P/N) high pressure turbine stage 2 nozzle guide vanes (HPT S2 NGVs) installed. That AD was published in the Federal Register on October 27, 2004 (69 FR 62571). The phrase ‘‘5.0 or more cycles per flight leg’’ in the Compliance section is incorrect. This document corrects that phrase. In all other respects, the original document remains the same. SUMMARY: SUMMARY: This document publishes in the Federal Register an amendment adopting airworthiness directive (AD) 2005–04–51 that was sent previously to all known U.S. owners and operators of certain Boeing Model 747–100B SUD, –200B, –200C, –200F, and –300 series airplanes by individual notices. This AD requires repetitive external detailed inspections for cracked skin or loose or missing fasteners of the body skin between body stations (BS) 420 and 460 inclusive and between stringers S–8 and S–12 inclusive on the left and right sides of the airplane, and a high frequency eddy current inspection for cracked frames if necessary. This AD also requires repair of any cracked frame or skin, and replacement of any loose or missing fastener. This AD is prompted by reports of large cracks common to fuselage frames in the upper deck area and severed or nearly severed adjacent frames. We are issuing this AD to detect and correct fatigue cracks in the frames and body skin at BS 420, 440, and 460 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 between stringers S–8 and S–12 inclusive, which could lead to severed frames, and consequent rapid decompression and loss of the structural integrity of the airplane. DATES: Effective March 9, 2005 to all persons except those persons to whom it was made immediately effective by emergency AD 2005–04–51, issued February 17, 2005, which contained the requirements of this amendment. The incorporation by reference of a certain publication listed in the AD is approved by the Director of the Federal Register as of March 9, 2005. We must receive comments on this AD by May 3, 2005. ADDRESSES: Use one of the following addresses to submit comments on this AD. • DOT Docket Web site: Go to http://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide Rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, room PL–401, Washington, DC 20590. • Fax: (202) 493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. Docket: The AD docket contains the emergency AD, comments, and any final disposition. You can examine the AD docket on the Internet at http:// dms.dot.gov, or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at the U.S. Department of Transportation, 400 Seventh Street SW., room PL–401, Washington, DC. This docket number is FAA–2005–20431; the directorate identifier for this docket is 2005–NM– 040–AD. FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle E:\FR\FM\04MRR1.SGM 04MRR1 10486 Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Rules and Regulations Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 917–6437; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: On February 17, 2005, we issued emergency AD 2005–04–51, which applies to certain Boeing Model 747–100B SUD, –200B, –200C, –200F, and –300 series airplanes. Background On May 7, 1991, we issued AD 91– 11–01, amendment 39–6997 (56 FR 22306, May 15, 1991), for certain Boeing Model 747 series airplanes. That AD requires repetitive inspections for cracks of the frame structure and skin in the fuselage section 41, and repair if necessary. That AD also provides for an optional terminating action for the repetitive inspections. That AD was prompted by recommendations of the FAA-sponsored Boeing Model 747 Structures Working Group. We issued that AD to prevent sudden decompression of the fuselage. Since the issuance of AD 91–11–01, we have received several reports of large fatigue cracks common to fuselage frames in the upper deck area on Boeing Model 747–200C, –200F, and –300 series airplanes. Most of these airplanes had been inspected in accordance with AD 91–11–01. Many fatigue cracks occurred near stringers S–10 and S– 10A, but other cracks were also reported. The cracking is due to cyclic pressurization of the airplanes. We also have received two recent reports of severed or nearly severed adjacent frames at body station (BS) 420 and BS 440 near stringer S–10A on Boeing Model 747–300 series airplanes. Both airplanes had been inspected in accordance with AD 91–11–01. In both reports, missing fasteners common to the skin at frame shear tie flanges were detected in the vicinity of cracks. In one case, eight fasteners were missing from the body skin at the severed frame at BS 440. One airplane had accumulated 11,641 total flight cycles; the other airplane had accumulated 11,880 total flight cycles. In light of these reports, we have determined that, for certain Boeing Model 747–100B SUD, –200C, –200F, and –300 series airplanes; and certain Boeing Model 747–200B series airplanes retrofitted with a stretched upper deck (SUD); the inspections required by AD 91–11–01 do not adequately detect fatigue cracks at BS 420, 440, and 460 between stringers S–8 and S–12 inclusive. Such fatigue cracking, if not detected and corrected in a timely manner, could lead to severed frames, and consequent rapid decompression VerDate jul<14>2003 12:53 Mar 03, 2005 Jkt 205001 Other Relevant Rulemaking On January 16, 1990, we issued AD 90–06–06, amendment 39–6490 (55 FR 8374, March 7, 1990), for certain Boeing Model 747 series airplanes. That AD requires incorporation of certain structural modifications. We issued that AD to prevent degradation in the structural capabilities of the affected airplanes. One of the required modifications incorporates a modification (reference Boeing Service Bulletin 747–53–2272, Revision 12, dated December 22, 1988) that ends the repetitive inspections of the frames in Zone 2 required by this AD. with the service information described previously. We found that immediate corrective action was required; therefore, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual notices issued on February 17, 2005, to all known U.S. owners and operators of certain Boeing Model 747–100B SUD, –200B, –200C, –200F, and –300 series airplanes. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 747–53A2265, Revision 9, dated February 17, 2005. Among other actions, the service bulletin describes procedures for repetitive surface high frequency eddy current (HFEC) inspections for cracks in the frames at BS 420, 440, and 460 between stringers S–8 and S–12 inclusive on the left and right sides of the airplane. Interim Action We consider this AD interim action. We are currently considering superseding this emergency AD and AD 91–11–01 to, among other actions, reduce the initial threshold of the inspections required by AD 91–11–01 for certain airplanes and to add other actions specified in Boeing Alert Service Bulletin 747–53A2265, Revision 9, dated February 17, 2005. FAA’s Determination and Requirements of This AD We evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other Boeing Model 747– 100B SUD, –200C, –200F, and –300 series airplanes; and Boeing Model 747– 200B series airplanes retrofitted with a SUD of this same type design. Therefore, we issued emergency AD 2005–04–51 to detect and correct fatigue cracks in the frames and body skin at BS 420, 440, and 460 between stringers S– 8 and S–12 inclusive, which could lead to severed frames, and consequent rapid decompression and loss of the structural integrity of the airplane. The AD requires repetitive external detailed inspections for cracked skin or loose or missing fasteners of the body skin between BS 420 and 460 inclusive and between stringers S–8 and S–12 inclusive on the left and right sides of the airplane. If any cracked skin or loose or missing fastener is detected, the AD also requires a surface HFEC inspection for cracks in the frames at BS 420, 440, and 460 between stringers S–8 and S– 12 on the left and right sides of the airplane; repair of any cracked frame or skin; and replacement of any loose of missing fastener with a new fastener; as applicable. Accomplishing the HFEC inspection ends the repetitive external detailed inspections. The HFEC inspections must be done in accordance Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–20431; Directorate Identifier 2005–NM–040–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments. We will post all comments we receive, without change, to http:// dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of our docket Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You can review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit http://dms.dot.gov. and loss of the structural integrity of the airplane. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\04MRR1.SGM 04MRR1 Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Rules and Regulations Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a ‘‘significant regulatory action’’ under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If this emergency regulation is later deemed significant under DOT Regulatory Policies and Procedures, we will prepare a final regulatory evaluation and place it in the AD Docket. See the ADDRESSES section for a location to examine the regulatory evaluation, if filed. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: I VerDate jul<14>2003 12:53 Mar 03, 2005 Jkt 205001 10487 PART 39—AIRWORTHINESS DIRECTIVES cleaning and elaborate procedures may be required.’’ 1. The authority citation for part 39 continues to read as follows: Corrective Actions (g) If any cracked skin or loose or missing fastener is detected during any external detailed inspection required by paragraph (f) of this AD, before further flight, do a surface high frequency eddy current (HFEC) inspection for cracks in the frames at BS 420, 440, and 460 between stringers S–8 and S– 12 on the left and right sides of the airplane, in accordance with paragraph 2. and Notes 2 and 3 of Figure 17 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747–53A2265, Revision 9, dated February 17, 2005, except as provided by Note 1 of Figure 17 of the service bulletin. Accomplishing the surface HFEC inspection ends the repetitive inspections required by paragraph (f) of this AD. (1) If no cracked frame is found, before further flight, repair the cracked skin and replace the loose or missing fasteners with new fasteners, as applicable, in accordance with a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA; or in accordance with data meeting the certification basis of the airplane approved by an Authorized Representative (AR) for the Boeing Delegation Option Authorization (DOA) Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically reference this AD. (2) If any cracked frame is found, before further flight, repair the cracked frame and skin and replace the loose or missing fasteners with new fasteners, as applicable, in accordance with a method approved by the Manager, Seattle ACO, FAA; or in accordance with data meeting the certification basis of the airplane approved by an AR for the Boeing DOA Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically reference this AD. I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): I 2005–04–51 Boeing: Amendment 39–13995. Docket No. FAA–2005–20431; Directorate Identifier 2005–NM–040–AD. Effective Date (a) This AD becomes effective March 9, 2005, to all persons except those persons to whom it was made immediately effective by emergency AD 2005–04–51, issued on February 17, 2005, which contained the requirements of this amendment. Affected ADs (b) None. Applicability (c) This AD applies to Boeing Model 747– 100B SUD, –200C, –200F, and –300 series airplanes, line numbers 1 through 685 inclusive; and Boeing Model 747–200B series airplanes, line numbers 271, 276, 336, 344, 369, 389, 397, 474, 491, 518, 521, and 539; certificated in any category. Unsafe Condition (d) This AD was prompted by reports of large cracks common to fuselage frames in the upper deck area and severed or nearly severed adjacent frames. We are issuing this AD to detect and correct fatigue cracks in the frames and body skin at body stations (BS) 420, 440, and 460 between stringers S–8 and S–12 inclusive, which could lead to severed frames, and consequent rapid decompression and loss of the structural integrity of the airplane. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Repetitive External Detailed Inspections (f) Before the accumulation of 8,000 total flight cycles, or within 10 flight cycles after the effective date of this AD, whichever occurs later, do an external detailed inspection for cracked skin or loose or missing fasteners of the body skin between BS 420 and 460 inclusive and between stringers S–8 and S–12 inclusive on the left and right sides of the airplane. Repeat the external detailed inspection thereafter at intervals not to exceed 25 flight cycles. Note 1: For the purposes of this AD, a detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 Terminating Action (h) Modification in Zone 2 in accordance with Boeing Service Bulletin 747–53–2272, dated January 12, 1987, through Revision 18, dated May 16, 2002, constitutes terminating action for the requirements of this AD. Note 2: Paragraph H. of AD 91–11–01, amendment 39–6997 refers to Boeing Service Bulletin 747–53–2272, dated January 12, 1987, as the appropriate source of service information for accomplishing the optional terminating action in that AD. AD 90–06–06, amendment 39–6490, refers to Boeing Service Bulletin 747–53–2272, Revision 12, dated December 22, 1988; or earlier revisions; as an appropriate source of service information for accomplishing the mandatory terminating action in that AD. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, E:\FR\FM\04MRR1.SGM 04MRR1 10488 Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Rules and Regulations if requested in accordance with the procedures found in 14 CFR 39.19. (2) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an AR for the Boeing DOA Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference (j) You must use Boeing Alert Service Bulletin 747–53A2265, Revision 9, dated February 17, 2005, to perform the high frequency eddy current inspections that are required by this AD. The Director of the Federal Register approves the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the service information, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. You can review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., room PL–401, Nassif Building, Washington, DC; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741– 6030, or go to http://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on February 25, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–4246 Filed 3–3–05; 8:45 am] BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: Background The final regulations (TD 9167) that is the subject of this correction is under sections 3121(b)(10) and 3306(c)(10)(B) of the Internal Revenue Code. Need for Correction As published, the final regulations (TD 9167) contain an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the final regulations (TD 9167) that was the subject of FR. Doc. 04–27919, is corrected as follows: I On page 76405, column 1, in the preamble, under the paragraph heading ‘‘Background’’, sixth line from the top of the column, the language ‘‘and is regularly attending cases at a’’ is corrected to read ‘‘and is regularly attending classes at a’’. I Cynthia E. Grigsby, Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedures and Administration). [FR Doc. 05–4279 Filed 3–3–05; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office DEPARTMENT OF THE TREASURY 37 CFR Parts 1, 102, 104, and 150 Internal Revenue Service [Docket No. 2005–C–054] RIN 0651–AB86 26 CFR Part 1 Correspondence With the United States Patent and Trademark Office [TD 9167] RIN 1545–BC81 AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: This document corrects final regulations (TD 9167), that were published in the Federal Register on Tuesday, December 21, 2004 (69 FR 76404) that provides guidance regarding the employment tax exceptions for student services. These regulations affect schools, colleges, and universities and their employees. DATES: This correction is effective December 21, 2004. FOR FURTHER INFORMATION CONTACT: John Richards, (202) 622–6040 (not a toll-free number). SUMMARY: The United States Patent and Trademark Office (Office) is in the process of completing its move to Alexandria, Virginia. The Office is revising the rules of practice to update the locations and telephone numbers specified in the rules in light of the move to Alexandria, Virginia. DATES: Effective Date: March 4, 2005. FOR FURTHER INFORMATION CONTACT: Jennifer M. Simmons, Office of the General Counsel, Office of General Law, by telephone at 571–272–3000. SUPPLEMENTARY INFORMATION: The Office is in the process of completing its move to Alexandria, Virginia. The Public AGENCY: Student FICA Exception; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. VerDate jul<14>2003 12:53 Mar 03, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Search Room, and the Office of the General Counsel are now currently located in the Office’s Alexandria, Virginia, campus. The Office is revising the rules of practice to update the references therein to the physical location of the Public Search Room and the Office of the General Counsel, and the telephone number of the Office of the General Counsel. Discussion of Specific Rules Title 37 of the Code of Federal Regulations, is amended as follows: Part 1: Sections 1.821 and 1.822 are amended. Part 102: Sections 102.1, 102.22, and 102.23 are amended to change the address for hand-delivery or in-person inquiry to ‘‘10B20, Madison Building East, 600 Dulany Street, Alexandria, Virginia.’’ Part 104: Section 104.1 is amended to: (1) Change the address for service by hand to ‘‘the Office of the General Counsel, 10B20, Madison Building East, 600 Dulany Street, Alexandria, Virginia’’; and (2) change the telephone number to 571–272–7000. Part 150: Section 150.6 is amended to change the address to: Mail Stop Congressional Relations, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313–1450. Classification Administrative Procedure Act Since this final rule is directed to changing Office addresses and telephone numbers, this final rule merely involves rules of agency organization, procedure, or practice within the meaning of 5 U.S.C. 553(b)(A). Accordingly, this final rule may be adopted without prior notice and opportunity for public comment under 5 U.S.C. 553(b) and (c), or thirtyday advance publication under 5 U.S.C. 553(d). Regulatory Flexibility Act As prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553 (or any other law), a regulatory flexibility analysis under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is not required. See 5 U.S.C. 603. Executive Order 13132 This rule making does not contain policies with federalism implications sufficient to warrant preparation of a Federalism Assessment under Executive Order 13132 (Aug. 4, 1999). E:\FR\FM\04MRR1.SGM 04MRR1

Agencies

[Federal Register Volume 70, Number 42 (Friday, March 4, 2005)]
[Rules and Regulations]
[Pages 10485-10488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4246]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20431; Directorate Identifier 2005-NM-040-AD; 
Amendment 39-13995; AD 2005-04-51]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 747-100B SUD, -200B, -
200C, -200F, and -300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2005-04-51 that was sent 
previously to all known U.S. owners and operators of certain Boeing 
Model 747-100B SUD, -200B, -200C, -200F, and -300 series airplanes by 
individual notices. This AD requires repetitive external detailed 
inspections for cracked skin or loose or missing fasteners of the body 
skin between body stations (BS) 420 and 460 inclusive and between 
stringers S-8 and S-12 inclusive on the left and right sides of the 
airplane, and a high frequency eddy current inspection for cracked 
frames if necessary. This AD also requires repair of any cracked frame 
or skin, and replacement of any loose or missing fastener. This AD is 
prompted by reports of large cracks common to fuselage frames in the 
upper deck area and severed or nearly severed adjacent frames. We are 
issuing this AD to detect and correct fatigue cracks in the frames and 
body skin at BS 420, 440, and 460 between stringers S-8 and S-12 
inclusive, which could lead to severed frames, and consequent rapid 
decompression and loss of the structural integrity of the airplane.

DATES: Effective March 9, 2005 to all persons except those persons to 
whom it was made immediately effective by emergency AD 2005-04-51, 
issued February 17, 2005, which contained the requirements of this 
amendment.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of March 
9, 2005.
    We must receive comments on this AD by May 3, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide Rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.
    Docket: The AD docket contains the emergency AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-20431; the directorate 
identifier for this docket is 2005-NM-040-AD.

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe 
Branch, ANM-120S, FAA, Seattle

[[Page 10486]]

Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 917-6437; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: On February 17, 2005, we issued emergency AD 
2005-04-51, which applies to certain Boeing Model 747-100B SUD, -200B, 
-200C, -200F, and -300 series airplanes.

Background

    On May 7, 1991, we issued AD 91-11-01, amendment 39-6997 (56 FR 
22306, May 15, 1991), for certain Boeing Model 747 series airplanes. 
That AD requires repetitive inspections for cracks of the frame 
structure and skin in the fuselage section 41, and repair if necessary. 
That AD also provides for an optional terminating action for the 
repetitive inspections. That AD was prompted by recommendations of the 
FAA-sponsored Boeing Model 747 Structures Working Group. We issued that 
AD to prevent sudden decompression of the fuselage.
    Since the issuance of AD 91-11-01, we have received several reports 
of large fatigue cracks common to fuselage frames in the upper deck 
area on Boeing Model 747-200C, -200F, and -300 series airplanes. Most 
of these airplanes had been inspected in accordance with AD 91-11-01. 
Many fatigue cracks occurred near stringers S-10 and S-10A, but other 
cracks were also reported. The cracking is due to cyclic pressurization 
of the airplanes.
    We also have received two recent reports of severed or nearly 
severed adjacent frames at body station (BS) 420 and BS 440 near 
stringer S-10A on Boeing Model 747-300 series airplanes. Both airplanes 
had been inspected in accordance with AD 91-11-01. In both reports, 
missing fasteners common to the skin at frame shear tie flanges were 
detected in the vicinity of cracks. In one case, eight fasteners were 
missing from the body skin at the severed frame at BS 440. One airplane 
had accumulated 11,641 total flight cycles; the other airplane had 
accumulated 11,880 total flight cycles.
    In light of these reports, we have determined that, for certain 
Boeing Model 747-100B SUD, -200C, -200F, and -300 series airplanes; and 
certain Boeing Model 747-200B series airplanes retrofitted with a 
stretched upper deck (SUD); the inspections required by AD 91-11-01 do 
not adequately detect fatigue cracks at BS 420, 440, and 460 between 
stringers S-8 and S-12 inclusive. Such fatigue cracking, if not 
detected and corrected in a timely manner, could lead to severed 
frames, and consequent rapid decompression and loss of the structural 
integrity of the airplane.

Other Relevant Rulemaking

    On January 16, 1990, we issued AD 90-06-06, amendment 39-6490 (55 
FR 8374, March 7, 1990), for certain Boeing Model 747 series airplanes. 
That AD requires incorporation of certain structural modifications. We 
issued that AD to prevent degradation in the structural capabilities of 
the affected airplanes. One of the required modifications incorporates 
a modification (reference Boeing Service Bulletin 747-53-2272, Revision 
12, dated December 22, 1988) that ends the repetitive inspections of 
the frames in Zone 2 required by this AD.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 747-53A2265, 
Revision 9, dated February 17, 2005. Among other actions, the service 
bulletin describes procedures for repetitive surface high frequency 
eddy current (HFEC) inspections for cracks in the frames at BS 420, 
440, and 460 between stringers S-8 and S-12 inclusive on the left and 
right sides of the airplane.

FAA's Determination and Requirements of This AD

    We evaluated all pertinent information and identified an unsafe 
condition that is likely to exist or develop on other Boeing Model 747-
100B SUD, -200C, -200F, and -300 series airplanes; and Boeing Model 
747-200B series airplanes retrofitted with a SUD of this same type 
design. Therefore, we issued emergency AD 2005-04-51 to detect and 
correct fatigue cracks in the frames and body skin at BS 420, 440, and 
460 between stringers S-8 and S-12 inclusive, which could lead to 
severed frames, and consequent rapid decompression and loss of the 
structural integrity of the airplane. The AD requires repetitive 
external detailed inspections for cracked skin or loose or missing 
fasteners of the body skin between BS 420 and 460 inclusive and between 
stringers S-8 and S-12 inclusive on the left and right sides of the 
airplane. If any cracked skin or loose or missing fastener is detected, 
the AD also requires a surface HFEC inspection for cracks in the frames 
at BS 420, 440, and 460 between stringers S-8 and S-12 on the left and 
right sides of the airplane; repair of any cracked frame or skin; and 
replacement of any loose of missing fastener with a new fastener; as 
applicable. Accomplishing the HFEC inspection ends the repetitive 
external detailed inspections. The HFEC inspections must be done in 
accordance with the service information described previously.
    We found that immediate corrective action was required; therefore, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on February 17, 2005, to all known U.S. owners and operators of 
certain Boeing Model 747-100B SUD, -200B, -200C, -200F, and -300 series 
airplanes. These conditions still exist, and the AD is hereby published 
in the Federal Register as an amendment to section 39.13 of the Federal 
Aviation Regulations (14 CFR 39.13) to make it effective to all 
persons.

Interim Action

    We consider this AD interim action. We are currently considering 
superseding this emergency AD and AD 91-11-01 to, among other actions, 
reduce the initial threshold of the inspections required by AD 91-11-01 
for certain airplanes and to add other actions specified in Boeing 
Alert Service Bulletin 747-53A2265, Revision 9, dated February 17, 
2005.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-20431; 
Directorate Identifier 2005-NM-040-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://
dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
Web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

[[Page 10487]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If this 
emergency regulation is later deemed significant under DOT Regulatory 
Policies and Procedures, we will prepare a final regulatory evaluation 
and place it in the AD Docket. See the ADDRESSES section for a location 
to examine the regulatory evaluation, if filed.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-04-51 Boeing: Amendment 39-13995. Docket No. FAA-2005-20431; 
Directorate Identifier 2005-NM-040-AD.

Effective Date

    (a) This AD becomes effective March 9, 2005, to all persons 
except those persons to whom it was made immediately effective by 
emergency AD 2005-04-51, issued on February 17, 2005, which 
contained the requirements of this amendment.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-100B SUD, -200C, -200F, 
and -300 series airplanes, line numbers 1 through 685 inclusive; and 
Boeing Model 747-200B series airplanes, line numbers 271, 276, 336, 
344, 369, 389, 397, 474, 491, 518, 521, and 539; certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by reports of large cracks common to 
fuselage frames in the upper deck area and severed or nearly severed 
adjacent frames. We are issuing this AD to detect and correct 
fatigue cracks in the frames and body skin at body stations (BS) 
420, 440, and 460 between stringers S-8 and S-12 inclusive, which 
could lead to severed frames, and consequent rapid decompression and 
loss of the structural integrity of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive External Detailed Inspections

    (f) Before the accumulation of 8,000 total flight cycles, or 
within 10 flight cycles after the effective date of this AD, 
whichever occurs later, do an external detailed inspection for 
cracked skin or loose or missing fasteners of the body skin between 
BS 420 and 460 inclusive and between stringers S-8 and S-12 
inclusive on the left and right sides of the airplane. Repeat the 
external detailed inspection thereafter at intervals not to exceed 
25 flight cycles.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Corrective Actions

    (g) If any cracked skin or loose or missing fastener is detected 
during any external detailed inspection required by paragraph (f) of 
this AD, before further flight, do a surface high frequency eddy 
current (HFEC) inspection for cracks in the frames at BS 420, 440, 
and 460 between stringers S-8 and S-12 on the left and right sides 
of the airplane, in accordance with paragraph 2. and Notes 2 and 3 
of Figure 17 of the Accomplishment Instructions of Boeing Alert 
Service Bulletin 747-53A2265, Revision 9, dated February 17, 2005, 
except as provided by Note 1 of Figure 17 of the service bulletin. 
Accomplishing the surface HFEC inspection ends the repetitive 
inspections required by paragraph (f) of this AD.
    (1) If no cracked frame is found, before further flight, repair 
the cracked skin and replace the loose or missing fasteners with new 
fasteners, as applicable, in accordance with a method approved by 
the Manager, Seattle Aircraft Certification Office (ACO), FAA; or in 
accordance with data meeting the certification basis of the airplane 
approved by an Authorized Representative (AR) for the Boeing 
Delegation Option Authorization (DOA) Organization who has been 
authorized by the Manager, Seattle ACO, to make those findings. For 
a repair method to be approved, the repair must meet the 
certification basis of the airplane, and the approval must 
specifically reference this AD.
    (2) If any cracked frame is found, before further flight, repair 
the cracked frame and skin and replace the loose or missing 
fasteners with new fasteners, as applicable, in accordance with a 
method approved by the Manager, Seattle ACO, FAA; or in accordance 
with data meeting the certification basis of the airplane approved 
by an AR for the Boeing DOA Organization who has been authorized by 
the Manager, Seattle ACO, to make those findings. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane, and the approval must specifically reference this 
AD.

Terminating Action

    (h) Modification in Zone 2 in accordance with Boeing Service 
Bulletin 747-53-2272, dated January 12, 1987, through Revision 18, 
dated May 16, 2002, constitutes terminating action for the 
requirements of this AD.

    Note 2: Paragraph H. of AD 91-11-01, amendment 39-6997 refers to 
Boeing Service Bulletin 747-53-2272, dated January 12, 1987, as the 
appropriate source of service information for accomplishing the 
optional terminating action in that AD. AD 90-06-06, amendment 39-
6490, refers to Boeing Service Bulletin 747-53-2272, Revision 12, 
dated December 22, 1988; or earlier revisions; as an appropriate 
source of service information for accomplishing the mandatory 
terminating action in that AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle ACO, FAA, has the authority to 
approve AMOCs for this AD,

[[Page 10488]]

if requested in accordance with the procedures found in 14 CFR 
39.19.
    (2) An AMOC that provides an acceptable level of safety may be 
used for any repair required by this AD, if it is approved by an AR 
for the Boeing DOA Organization who has been authorized by the 
Manager, Seattle ACO, to make those findings. For a repair method to 
be approved, the repair must meet the certification basis of the 
airplane, and the approval must specifically refer to this AD.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin 747-53A2265, 
Revision 9, dated February 17, 2005, to perform the high frequency 
eddy current inspections that are required by this AD. The Director 
of the Federal Register approves the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
For copies of the service information, contact Boeing Commercial 
Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. You can 
review copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on February 25, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-4246 Filed 3-3-05; 8:45 am]
BILLING CODE 4910-13-P